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DECISION No. 200/2004/QD-TTg OF DECEMBER 3, 2004 SETTING UP THE LAW-MAKING COMMITTEE UNDER THE GOVERNMENT OFFICE AND PRESCRIBING ITS FUNCTIONS AND TASKS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the 1996 Law on Promulgation of Legal Documents and the December 16, 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the Government’s Decree No. 18/2003/ND-CP of February 20, 2003 defining the functions, tasks, powers and organizational structure of the Government Office;

Pursuant to the Government’s Decree No. 122/2004/ND-CP of May 18, 2004 prescribing the functions, tasks and powers of legal organizations of the ministries, ministerial-level agencies, Government-attached agencies and professional bodies under the provincial/municipal People’s Committees and State enterprises;

Pursuant to the Prime Minister’s Decision No. 933/QD-TTg of August 27, 2004 approving the scheme on raising the quality of the Government’s law-making work;

At the proposal of the Minister-Director of the Government Office,

DECIDES:

Article 1.- To set up the Law-Making Committee under the Government Office on the basis of reorganizing the Legal Department of the Government Office.

Article 2.- The Law-Making Committee is an organization of the Government Office, which functions to assist the Minister-Director of the Government Office (hereinafter called the Minister-Director for short) in advising the Government and the Prime Minister on directing the formulation of draft laws and ordinances for submission to the National Assembly, the National Assembly Standing Committee and draft legal documents falling under the Government’s or the Prime Minister’s promulgating competence; and to organize the examination of draft legal documents according to law provisions.

Article 3.- The Law-Making Committee is tasked to assist the Minister-Director in:

1. Advising and submitting to the Prime Minister for direction the orientations and objectives of law- and ordinance-making programs; examining reports on the projected law- and ordinance-making programs for the whole term of office of the Government as well as annual programs before submitting them to the Government for consideration, adoption and further submission to the National Assembly Standing Committee and/or the National Assembly for decision.

2. Advising and submitting to the Prime Minister for decision the assignment of ministries, ministerial-level agencies or Government-attached agencies to assume the prime responsibility for drafting laws and ordinances according to the National Assembly’s Resolution on its whole-tenure and annual law- and ordinance-making programs.

3. Urging the drafting committees to implement law- and ordinance-making programs and the Government’s working programs (the work of formulating legal documents); and coordinating with drafting committees in formulating laws and ordinances, detailing and guiding the implementation thereof.

4. Assuming the prime responsibility for, and coordinating with concerned agencies in, studying and advising the Prime Minister on directing drafting committees regarding the viewpoints, contents of, and comments on, important draft laws and ordinances, which are related to many branches and domains.

5. Coordinating with drafting committees in organizing the introduction of the contents of draft laws and ordinances to the ministries, branches, social organizations, research institutes, universities and experts for comments so as to finalize reports, bills and draft ordinances before submitting them to the Government.

6. Coordinating with main drafting agencies, the Ministry of Justice and concerned agencies and organizations in suggesting ways of handling matters in the draft laws and ordinances on which opinions remain divergent so that they may be put before the Government for discussion and decision. Synthesizing and suggesting ways of handling matters in draft laws and ordinances, on which opinions of the Cabinet members remain divergent so that the Minister-Director may report such at the Government’s meetings and preparing important contents of draft laws and ordinances for the Prime Minister to guide discussions and make conclusions at the Government’s meetings.

7. Assuming the prime responsibility for, and coordinating with units of the Government Office and drafting committees in, examining draft laws and ordinances regarding the process, dossiers, procedures, legitimacy and conformity with the Party’s and State’s undertakings and policies; analyzing, synthesizing and independently evaluating the contents of draft laws and ordinances so that the Minister-Director may submit them to the Government for the consideration, adoption, further submission to the National Assembly or the National Assembly Standing Committee.

Commenting on draft laws and ordinances submitted by other agencies, organizations or National Assembly deputies for the Government’s comments before submitting them to the National Assembly or the National Assembly Standing Committee.

8. Coordinating with law- and ordinance-drafting committees and concerned agencies in finalizing reports as well as draft laws and ordinances after they are commented or adopted by the Government, so as to report thereon to the Prime Minister for consideration and signing for submission to the National Assembly or the National Assembly Standing Committee.

9. Monitoring the commenting on, and adoption of, draft laws and ordinances by the National Assembly or the National Assembly Standing Committees so as to report thereon to the Prime Minister. Assuming the prime responsibility for, or coordinating with drafting committees and concerned agencies in, assisting the Government to prepare reports on accepting, explaining and adjusting draft laws and ordinances to be submitted to the National Assembly or the National Assembly Standing Committee for consideration and adoption.

10. Coordinating with concerned agencies and drafting committees in getting opinions on, and finalizing draft laws and ordinances while such draft laws and ordinances, submitted by the Government, are being examined, commented and adopted by the National Assembly or the National Assembly Standing Committee. In cases where there appear opinions different from draft laws and ordinances submitted by the Government, such opinions must be reported to the Prime Minister.

11. Assuming the prime responsibility for, and coordinating with units of the Government Office in, elaborating programs on formulating legal documents falling under the competence of the Government or the Prime Minister (including programs on formulating documents guiding the implementation of laws and ordinances which have already taken legal effect); urging the implementation of these programs so as to ensure the drafting tempo and quality of the drafts to be submitted to the Government and the Prime Minister.

12. Examining for the last time the legality of draft legal documents to be issued by the Government or the Prime Minister before they are initialed and submitted by the Minister-Director to the Prime Minister for signing and promulgation.

13. Advising the Prime Minister on directing the judicial reform (parts related to the Government’s tasks, when assigned by the Prime Minister).

14. Assuming the prime responsibility for drafting laws and ordinances, which the Government Office is assigned to assume the prime responsibility for; performing other tasks assigned by the Prime Minister or the Minister-Director.

Article 4.- The Law-Making Committee comprises a head and a number of deputy heads. The head is ranked equivalently to vice-minister and appointed and dismissed by the Prime Minister at the proposal of the Minister-Director.

Deputy heads shall be appointed and dismissed by the Minister-Director.

The Minister-Director shall decide on the organizational structure, payroll and operational regulation of the Law-Making Committee.

Article 5.- This Decision takes effect 15 days after its publication in the Official Gazette.

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the head of the Law-Making Committee and the presidents of the provincial/municipal People’s Committees shall have to implement this Decision.

Prime Minister

PHAN VAN KHAI